Criminal negligence charge recommended in Kelowna crane collapse

RCMP are recommending a charge of criminal negligence causing death in the 2021 crane collapse in Kelowna, B.C., that killed five people.

An investigation report by the force's serious crimes division has been sent to the B.C. Prosecution Service (BCPS), which will now conduct a charge assessment to determine whether Crown will move forward with prosecution.

"This is an extremely complex investigation that needed to be done methodically and thoroughly in order to protect the integrity of the investigation," the Kelowna RCMP said in a statement.

"The Kelowna RCMP will be working closely with the BCPS to ensure they are best equipped on the facts of the case to make an informed decision on charges."

The arm of the crane collapsed from about 25 storeys up and crashed into a neighbouring office tower on July 12, 2021. It was being used in the construction of a residential tower by Mission Group located on St. Paul Street in downtown Kelowna.

Construction workers Cailen Vilness, 23, Jared Zook, 32, and brothers Eric and Patrick Stemmer, age 32 and 28 respectively were killed. The brothers worked for family business Stemmer Construction, which had a contract to operate the crane.

Brad Zawislak, 43, the fifth person who died, was crushed when the crane smashed into his office at Protech Consulting. His body was found two days later.

Photos of Cailen Vilness, Jared Zook, Brad Zawislak, Eric Stemmer and Patrick Stemmer who died when the crane crashed are shown at a memorial near the Mission Group's construction site in downtown Kelowna, B.C., on Oct. 26, 2021. (Winston Szeto/CBC)

At the time, Kelowna RCMP said the crane was in the process of being dismantled when something "catastrophic" happened.

Chris Vilness, father of Cailen, said families of the victims have been waiting a long time to have their questions about the crane collapse answered and to find out whether charges will be laid.

"As time goes on, you still need closure," he said. "It won't change anything, what's done has been done. But to understand what happened, and to understand who's responsible, for any parent or family member that's important to know."

Vilness said a permanent memorial for the five men killed is in the works near the accident site.

According to the Criminal Code of Canada, criminal negligence causing death in the occupational health and safety context requires proof beyond a reasonable doubt of the following elements:

• breach of legal duty

• breach amounting to a wanton or reckless disregard for the lives and safety of others

• a person died as a result

• the act or omission constituting the breach of a legal duty caused the person's death

The maximum penalty is life in prison for an individual; or, for an organization, a fine levied by the discretion of the court.

A separate investigation by WorkSafe B.C. has been completed but not made public "to ensure it does not affect the charge assessment process," according to a statement from the agency.

WorkSafe B.C. said it continues "to incorporate key learnings about tower crane assembly, disassembly, and repositioning into its ongoing crane safety initiatives."